13 January 2003

 

Memorandum Industrial Registry Registry of the Industrial Relations Commission of New South Wales

    


To: Clients of the Industrial Relations Commission

From: Mick Grimson, Acting Industrial Registrar

Date: 13th January 2003

Topic: Industrial Relations Amendment (Industrial Agents) Act 2002

• inserts a definition of industrial agent - a person, other than a legal practitioner or an employee or officer of an industrial organisation, who represents a party in proceedings before the Commission for fee or reward.

• requires an industrial agent representing a client in an Unfair Dismissal matter in a claim where compensation is sought to file a Certificate certifying that the agent has reasonable grounds for believing, on the basis of provable facts, that the claim or the response to the claim has reasonable prospects of success.

• provides for the Commission to make an order for costs against an industrial agent who lodges a certificate in circumstances where the Commission considers there are no reasonable prospects of success.

• provides that a payment made to an industrial agent will not be effective to extinguish the rights or liabilities of the parties.

• requires industrial agents to apply for leave of the Commission before appearing in conciliation proceedings.

• prohibits industrial agents entering into agreements with their clients to charge fees as a proportion of, or that vary according to, the amount recovered in any proceedings to which the agreement relates.

• require an industrial agent to disclose costs to both their client and the Commission

• in respect of industrial agents (s.90A) do not apply in respect of proceedings commenced before the commencement of that section

• in respect of representation of parties (s.166(2)) do not apply in respect of conciliation proceedings that were commenced before the commencement of the amendment

• in respect of costs agreements (s.181A & s.406A) do not apply in respect of proceedings that were commenced before the commencement of those sections.